Can You Sue for Cruise Injuries If You Were Drunk? Overserving + Liability
Alcohol on cruises is expected. People are on vacation, and cruises have bars and restaurants ready to serve passengers at nearly all hours. Cruise ships owe passengers a duty to help ensure their safety, which includes stopping serving them alcohol if they are visibly intoxicated. If crew members continue serving a passenger who then falls and suffers injuries, that passenger may be able to file a lawsuit.
To do so successfully, we must not only prove that the staff member overserved you alcohol, but also that their overserving you directly led to your injuries. Evidence such as cruise surveillance footage, bar and restaurant receipts, and eyewitness statements is strong evidence in these claims. You can sue for all the damages you incur because of being overserved alcohol on a cruise, from economic to non-economic losses.
For a free case review from our cruise ship injury lawyers, call Rivkind Margulies & Rivkind now at (305) 204-5369.
Can You Sue for Cruise Ship Injuries if You Were Drunk?
Suppose that, while on a cruise, a crew member kept serving a passenger alcohol, despite them showing clear-cut signs of intoxication, like slurring of words, inability to walk straight, excessive fatigue, and vomiting. If the passenger then fell, tripped, or slipped, they may incur damages and need to determine whether they can file a lawsuit.
Injuries sustained because you were overserved alcohol may be attributable to the cruise ship. Restaurant and bar staff should stop serving alcohol if a passenger appears to be too intoxicated, as they are responsible for helping ensure everyone’s safety.
How Do You Prove Overserving and Liability for Cruise Ship Injuries if You Were Drunk?
We know what it takes to prove that overserving you alcohol makes the cruise ship liable for your damages, and we can start working on your case right away.
Duty of Care
Any time you pursue a personal injury claim against another party, you must establish that the defendant owed you a “duty of care.” Cruise ship crew members shouldn’t do anything that puts passengers at risk of injury, such as continuing to serve them alcohol if they are visibly intoxicated. Cruise ships have a duty to monitor passengers’ alcohol consumption and refuse service for their own safety.
Negligence/Overserving
Crew members are negligent when they ignore obvious signs of drunkenness and keep serving passengers. To prove that the crew member did, in fact, overserve the plaintiff, we need evidence, such as the following:
- Cruise ship surveillance footage
- Drink receipts
- Eyewitness statements
Causation
To obtain damages, the victim must prove that the crew member’s overserving them directly caused their injuries. Being heavily intoxicated lowers one’s general awareness and reaction times, and increases the risk of falls onto lower decks or even overboard vessels.
The cruise ship company may try to argue that something you did contributed more to your injuries than the crew member overserving you alcohol after you were visibly intoxicated. We can refute those arguments with testimony from eyewitnesses who saw the accident firsthand.
What Damages Can You Get for a Cruise Injury Due to Overserving?
Being served too much alcohol on a cruise can have long-term financial and emotional consequences, and our lawyers can seek payment for all damages.
Medical Bills
When passengers are overserved on a cruise and suffer injuries, they can sue for all medical damages. Falls from any height can cause fractures, back injuries, and even traumatic or fatal head injuries. Falling overboard or onto the cruise ship’s lower decks can be equally dangerous, and passengers may have to be medically evacuated to the nearest foreign hospital for urgent treatment after serious falls.
Lost Wages
We can also hold the cruise ship liable for any lost wages you incur. Allow us to consider how your earning capacity has been temporarily or permanently reduced, so that the difference between your pre- and post-accident income is covered.
Pain and Suffering
Intangible damages like embarrassment, physical pain, mental suffering and anguish, and other non-economic losses are also compensable. Don’t undervalue your non-economic damages, as they may make up a large portion of your settlement or award, especially if you sustain permanent or disfiguring injuries.
How Long Does Maritime Law Give You to Sue for Cruise Injuries Due to Overserving?
Although you may sue for cruise ship injuries if you were drunk due to being overserved alcohol, you don’t have an indefinite time to do so. The statute of limitations for injury lawsuits under maritime law is shorter than most victims realize, though our boating accident injury lawyers can help you meet it.
Most likely, you will have one year to sue for cruise ship injuries, no matter the accident. Passengers must typically send notice of their claims even sooner than that, generally within six months of being injured.
Do You Need a Lawyer to Sue for Cruise Injuries If You Were Drunk?
Cruises often argue that passengers are responsible for the injuries they sustain while drunk, at least partially. They do this to mitigate the damages they ultimately pay, and it is one of the reasons navigating these lawsuits can be especially difficult. You should have an attorney to prepare for this likelihood and to handle the other difficulties associated with these types of claims.
For example, we can also read your cruise ship ticket to confirm the venue for your lawsuit. Passenger tickets often include “forum selection” clauses, which specify exactly where plaintiffs must file their claims, typically wherever the cruise ship company’s headquarters are.
Although cruise ship injury lawsuits brought for overserving can be challenging, they can also yield large sums for plaintiffs. Sizable out-of-court settlements are possible with our assistance, especially when we have strong evidence of overserving, such as multiple eyewitness statements.
Call Our Cruise Ship Accident and Injury Lawyers Now
For a free case assessment from our Miami cruise ship injury lawyers, call Rivkind Margulies & Rivkind at (305) 204-5369.
